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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 24, 1762 - April 29, 1762
Volume 06, Pages 822-837

[From MSS. Records in Office of Secretary of State.]

North Carolina—ss.

At an Assembly begun and held at Wilmington the Thirteenth day of April in the second year of the Reign of our Sovereign Lord George the third, by the Grace of God of Great Britain, France and Ireland, King &ca and in the year of our Lord One Thousand seven hundred and sixty two; and from thence continued by several Prorogations to the Twenty fourth day of April, in the year aforesaid; to be then held at Wilmington, Being the third meeting of this Present Assembly.


Saturday April 24th 1762.

Mr. Speaker and forty two Members appeared

Two Members Waited on his Excellency the Governor, and acquainted him that a sufficient Number of Members were met to make a House, and being returned, acquainted the House that his Excellency, in Answer thereto said he would receive them in the Council Chamber immediately

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber where his Excellency was pleased to make a Speech to the House.

Mr. Speaker, with the Members, returned and Mr. Speaker acquainted the House, that he, with the Members thereof, waited on his Excellency the Governor in the Council Chamber, where his Excellency made a Speech to the House a Copy of which to prevent mistakes, he had obtained, and laid the same before the House

Ordered that the same be read. The same is read, and is as follows, to wit

Mr. Speaker and Gentlemen of the Assembly—

I shall once more, by a Short Prorogation give you an opportunity to reconsider my last Speech to you to know if you will Consent to his Majesty's demands of an Aid for raising the Troops he has Commanded me to apply for; for since you may be now sensible by your Committees Letters to their Agent, and by his Answers to it, that

-------------------- page 823 --------------------
his Majesty can and will Confer Favours, or withhold them from you, according as you support his Government and Prerogative, and Comply with his Instructions to me.

Mr. Smith moved for leave to be absent from the Service of the House.

Ordered that he have leave accordingly

Mr. Burgess moved for leave to be absent from the Service of the House.

Ordered that he have leave accordingly

On motion ordered, that Mr. Vail, Mr. Brown, and Mr. Caswell prepare an Address in Answer to his Excellency the Governor's Speech.

On motion ordered that Committees for stating and settling the Public Accounts of this Province, and for settling and allowing Public Claims, be appointed, and Mr. Elmsley, Mr. Leech, Mr. Harris, Mr. Respess, Mr. Montfort, Mr. Moore, Mr. Miller, Mr. Geo. Pollock, Mr. Harnett, and Mr. Corbin, are appointed on the Accounts: and Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail, Mr. Armistead, Mr. Baker, Mr. Frohock, Mr. Caswell and Mr. Johnston on the Claims.

Ordered that the following Message be sent to his Majesty's Honorable Council

Gentlemen of his Majesty's Honble Council

This House have appointed Mr. Elmsley, Mr. Leech, Mr. Harris, Mr. Respess, Mr. Montfort, Mr. Moore, Mr. Miller, Mr. George Pollock, Mr. Harnett and Mr. Corbin a Committee of this House to state and settle the Public Accounts of this Province; and Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail, Mr. Armistead, Mr. Baker, Mr. Frohock, Mr. Caswell and Mr. Johnston on the Claims in Conjunction with such of your House as you shall think proper to appoint on that Service

JOHN ASHE Sp

Mr. Leech presented to the House the Petition of James Davis printer, which was read, setting forth, that the Act of Assembly for appointing him Printer to the Province will expire with the end of this Session; praying a continuance of the said Act, and, further praying that he may be allowed for printing and dispersing four

-------------------- page 824 --------------------
Hundred Copies of the Reverend Mr. Camp's Sermons, which he has done by order of the Assembly.

Then on motion ordered that Mr. Leech prepare and bring in a Bill for continuing the said James Davis printer to this Province according to the first prayer of the Petition; and as to the allowance to him for Printing and Dispersing Copies of Mr. Camps Sermons

Resolved, that it be referred to the Committee of Claims

Then the House adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Benton moved for leave to present a Bill for dividing the County of Granville and other Purposes

Ordered that he have leave accordingly

Mr. Benton presented the above mentioned Bill, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council

Sent the same to the Council by Mr. Harris and Mr. Benton

Received from the Council the following Message to wit

Mr. Speaker and Gentlemen of the Assembly

In Answer to your Message relative to the Committees, we have appointed the Honble John Rutherford, John Rieusset and Richard Spaight Esquires a Committee of this House, to state and settle the Public Accounts: and the Honble Lewis De Rossett, John Sampson and Eustace McCulloh Esquires a Committee of this House, to settle and allow the Public Claims

JAMES HASELL, P. C.

Ordered the following Message be sent to his Majestys Council

This House do not understand what is meant by your Message to us importing that in answer to our Message of this Morning, you have appointed certain of your Honorable Members a Committee of your House, to state and settle the Public Accounts, and certain other of your Members a Committee to settle and allow the Public Claims, as heretofore it has been found necessary and convenient for both Houses to join in these Committees: This House therefore request you would Explain, whether you propose establishing Seperate Committees of your House Contrary to the Ancient Custom, or joining with this Committee, in a Committee of both Houses

JOHN ASHE Sp.
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Mr. Elmsley moved that the House Resolve into a Committee of the whole House to Consider of an Address to his Majesty, to fix on a proper place for fixing the Seat of Government

Resolved, that the House Resolve into a Committee of the whole House on Monday next to consider of an Address to his Majesty, to fix on a proper place for fixing the Seat of Government

Then the House Adjourned till 10 oClock Monday morning


Monday April 26th 1762 The House met according to Adjournment

The order of the Day being read Resolved that the House Resolve into a Committee of the whole House Tomorrow, to Consider of an Address to his Majesty to fix on a proper place for fixing the Seat of Government

Then the House Adjourned till 9 oClock Tomorrow morning


Tuesday April 27th 1762 The House met according to Adjournment

Mr. Backhouse presented a Certificate from the County Court of Carteret, recommending Ephraim Chadwick to be exempt from paying Public Taxes, and doing Public Duties Granted

Mr. Harnett Chairman of the Committee of Accounts reported, that John Starkey Esquire Public Treasurer of the Southern District, hath this Session of Assembly paid into the Committee Eight hundred and fifty eight pounds, thirteen Shillings and ten pence Farthing, on the Sinking fund, and the sum of Two Thousand four hundred and Seven pounds six shillings and a penny in Treasurers Notes, Including Interest thereon, on the same fund: and that Mr. Barker public Treasurer of the Northern District has paid into the Committee, the Sum of one thousand one Hundred and ninety nine pounds three shillings and three Farthings on the said Sinking fund; and the sum of Two Thousand seven hundred and seventeen pounds Eight Shillings and Eight pence in Treasurers Notes including Interest thereon, to be sunk by the Several Taxes laid for that purpose.

Resolved, that the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble Council

The Chairman of the Committee of Accounts has reported that the sum of Seven Thousand one hundred and eighty two pounds, sixteen shillings and Eight pence is paid in to the said Committee by Thomas Barker Esq and John Starkey Esquire Public Treasurers of

-------------------- page 826 --------------------
this Province on the Sinking Fund, which said sum is by Law to be burnt. This House have therefore appointed a Committee of the whole House, in Conjunction with such of your House as you shall think Proper to appoint to see the said sum burnt at the House of John Campbell in Wilmington at 4 oClock this Afternoon.

JOHN ASHE Sp

Sent by Mr. Leech and Mr. Vail.

Received from the Council the Paper Purporting [to be] a Message, as is as follows, to wit

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message of the 24th Instant relative to the Committees, We must observe, that we look upon it as our undoubted and Constitutional right to allow or disallow the Public Accounts and Claims, and to appoint Committees on that behalf; and that though it has been customary and found convenient for the Dispatch and ease of the Public Business for our Committees to sit at one and the same time and place with the Committees appointed by your House yet we insist that it cannot be from thence inferred that our Committees are not seperate and equal in their Rights with yours, or that they have not a right to meet, debate, and report, seperately; and we own that it is with surprise that we see this question moved upon an accustomary and usual Message.

The order of the day being read

Resolved, that the House resolve into a Committee of the whole House Tomorrow to consider of an Address to his Majesty, to fix on a proper place for fixing the seat of Government.

Mr. Elmsley reminded the House, as in the Letters to the Agent of this Province to the Committee of Correspondence, it is signified, that the Laws, for establishing Superior and Inferior Courts of this Province &ca are repealed by his Majesty; therefore moved; that the Committee appointed to prepare an Address in Answer to his Excellency the Governor's Speech, do in the same Address request his Excellency will be pleased to acquaint the House whether he has received an authentic Account of the repeal of the said Superior and Inferior Court Laws; and if so, that he would be pleased to Promulge the said repeal while the Assembly is sitting, that other Laws may be substituted in the room thereof, and thereby prevent

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an Expence to the Country, which another Session of Assembly must necesarily occasion.

Then the House Adjourned till 3 oClock in the afternoon.

P. M. The House met according to Adjournment.

Received from the Council a Paper purporting [to be] a Message and signed by the Clerk only; and is as follows, to wit,

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message of this day relative to Burning the Several sums paid on the sinking fund into the Committee of Accounts, the Chairman of our Committee having made a report similar to that of your Committee, this House have appointed a Committee of the whole House to see the sum you mention Burnt at the House of John Campbell, in Wilmington, at 4 oClock this Afternoon.

Ordered, That the Paper Purporting [to be] a Message received from the Council this morning be read, Read the same—Then on motion,

Resolved, That two Papers Purporting [to be] the said two Messages are not Consonant to the ancient and usual form of Messages received by this House from the Council on the like Occasion, and are of a new Invention, and seem to be calculated to Introduce a new unknown Constitutional power in the Council, Derogatory to the rights of this House.

Resolved, That the said Papers Purporting [to be] the said Messages from the Council to this House, signed only by the Clerk of the Council, and not by the President as formerly, is Contrary to the Ancient and usual messages from the Council to this House, and derogatory to the Ancient Decorum observed by the two Houses, and tends to Weaken and Destroy the Good Harmony that ought to subsist between them.

Resolved that Mr. Howe, Mr. Elmsley, and Mr. Corbin, be appointed a Committee to prepare an Answer to the said Papers; and they are accordingly appointed

Mr. Caswell, from the Committee appointed to prepare an Address in Answer to his Excellency's Speech, reported that the Committee had prepared the said Address; which he read in his place.

Resolved, that the same stand the Address of this House, and be entered on the Journal thereof, and is as follows, to wit,

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To His Excellency Arthur Dobbs Esquire, Captain General, Governor, and Commander in Chief, in and over his Majesty's Province of North Carolina—

Sir

We his Majesty's most dutiful and Loyal subjects the Members of the Assembly of North Carolina, beg leave to acquaint your Excellency, that we are extremely sorry you have been at the Trouble of Proroguing this Assembly a second time, thereby as you are pleased to say, “to give us an opportunity to reconsider your last Speach” give us leave to inform your Excellency, that what you therein recommended was most Maturely considered, and the Resolution then taken, with the Greatest Deliberation; that this Province being already Burthened with a heavy Debt, occasioned by several large Grants for his Majesty's Service in support of the Common Cause since the commencement of the present War with France and the present Impoverished Circumstances of the Inhabitants by reason of the said Grants, render them unable to bear the Expence and charge of raising the supplies required by your Excellency in that Speech: The same Motives Sir, which Induced us to enter into that Resolution, permit us to acquaint you, still prevail with us to adhere thereto

We are sensible his Majesty can, and make no doubt will confer favours on those who do, to the utmost of their abilities to support his Government, which we trust the people of this Province have hitherto done; and when his Majesty shall be informed of the many and large Grants of this Province Particularly the last Twenty Thousand Pounds, and the Impoverished Circumstances of the People; are truly represented to him we flatter ourselves his Majesty will think, we in some measure, merit his Gracious favour

Sir, It being signified by the Agent of this Province in his Letters to the Committee of Correspondance, that the Laws for establishing Superior and Inferior Courts, are repealed by his Majesty; We therefore hope your Excellency will acquaint us whether you have received any authentic account of the Repeal of the said Laws; and if so, that you will be pleased to Promulge the same while the Assembly is sitting, that other Laws may be substituted in the room of them, and thereby prevent an expence to the Country, which another Session of Assembly must necessarily Occasion

The Chairman of the Committee of Accounts reported, that a Committee of the Whole House, together with a Committee of the

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Council appointed to join them had met, and burnt the sum of seven thousand one hundred and eighty two pounds sixteen shillings and eight pence, mentioned in the report of the Chairman of the said Committee of Accounts

Then the House Adjourned till 9 oClock Tomorrow morning


Wednesday April 28th 1762 The House met according to Adjournment

Mr. Thomas Taylor one of the Members for Pasquotank County appeared took the Oaths by Law appointed for his qualification, subscribed the Test, and took his seat in the House,

Mr. Frohock presented a Certificate from the County Court of Rowan recommending Ephraim Pennington of Rowan County to be exempt from paying Public Taxes and doing Public duties Granted

Mr. Frohock presented a Certificate from the County Court of Rowan recommending Philip Wilson of Rowan County to be exempt from paying Public Taxes and doing Public Duties Granted

Mr. Corbin moved that his Excellency be addressed to direct, that all the Arms and Ammunition now remaining in Fort Dobbs on the Western Frontier for the security thereof, be carried to the Moravian Settlement, or some other place of safety near the said Fort

Resolved, That his Excellency be addressed accordingly, and that Mr. Starkey, Mr. Corbin, and Mr. Harnett prepare the said Address.

Two members waited on his Excellency the Governor to let him know the House have prepared an Address in Answer to his Excellency's Speech at the opening of this Session, and desire to know when his Excellency will receive the same; who being returned acquainted the House, that his Excellency required the immediate attendance thereof, in the Council Chamber.

Mr. Speaker with the House waited on his Excellency in the Council Chamber, and Mr. Speaker presented his Excellency with the Address of this House, Mr. Speaker with the House returned, and Mr. Speaker acquainted the House that he, with the Members thereof, had waited on his Excellency the Governor in the Council Chamber and presented him with the Address of this House, and that his Excellency acquainted the House that he had no authentic Account of the Repeal of the Superior and Inferior Court Laws; and that the House should return, and if they had any accounts before them to finish the same as soon as possible, that he might call them up and dismiss them.

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Mr. Corbin from the Committee appointed to prepare an Answer to the Two Papers sent to this House yesterday, purporting [to be] messages from the Council, reported that the Committee had prepared an Answer thereto, which he read in his place.

Resolved, That the said Address be received by the House, and entered on the Journal thereof and be sent to the Council, Vizt

This House have had under Consideration two Messages, [relative] to the appointing of Committees signed only with your Clerk, Contrary to the Ancient and accustomed usage of your House, We therefore desire, that for the future all Messages from you to us may be signed by your President, agreeable to the old Established Custom, or this House cannot receive them: As to seperate Committees which your last Message seems to import, they are not only new, and unconstitutional but impracticable; For the Money arising out of the Sinking fund and which by Law is to be burnt, Cannot be Lodged with one Committee after being paid by the Public Treasurers neither can the Vouchers which the accomptants are obliged to produce, be with safety to them Transmitted from one Committee to the other; We desire nothing more, but that Harmony and mutual Confidence may subsist between the two Branches of the Legislature, on which the happiness and Prosperity of the province so much depends

JOHN ASHE Sp.

Sent by Mr. Taylor and Mr. Thomas Pollock

Resolved, that his Excellency have power to raise twenty five men Including one Commissioned officer, one Serjeant, one Corporal, one Gunner, and one Drummer, to Garrison Fort Johnston on Cape Fear River; and also Twenty-five men including Officers as aforesaid, to Garrison Fort Granville, at Ocacock Inlet, which said officers and remaining forty men, shall be allowed the following Pay, to wit, the said Commissioned officers five shillings per day, each, Serjeant two Shillings p day, a Gunner two shillings per Day; a Corporal one shilling and six pence p Day, a Drummer one shilling and six pence per day; a private man one Shilling per day, and each Man that shall voluntarily inlist himself, shall have and receive as a Bounty, Twenty Shillings proclamation money, paid him on Inlisting, and the Commanding Officer of each Fort shall be allowed eight pence per day for the subsistance of each man; and that his Excellency, the Governor have power by his Warrant on the Treasurers, to draw for the Paying, Inlisting and Subsisting the said men; and also, such sums of

-------------------- page 831 --------------------
money as shall be necessary for Cloathing the said forces, not exceeding Forty shillings for each man, out of the money appropriated for founding Schools, and that the same be Replaced by a poll Tax to be laid for that purpose; which said men shall be kept in pay six Months from the first day of May next, and no longer.

Resolved that the following Message be sent to the Council, Vizt

Gentlemen of his Majesty's Honble Council,

This House have Resolved that his Excellency the Governor have power to raise Twenty five men, including one Commissioned officer, one Serjeant, one Corporal, one Gunner, and one Drummer to Garrison Fort Johnston, on Cape Fear River, and also Twenty five men, Including officers as aforesaid to Garrison Fort Granville, at Ocacock Inlet; which said officers and remaining forty men shall be allowed the following pay, to wit, the Commissioned officers five shillings per Diem, each, the Serjeants Two shillings per Day each; the Gunners two shillings per day each, the Corporals one shilling and six pence per day each; the Drummer one shilling and six pence per day each; and each private man one shilling per Day, and each man that shall inlist himself, shall have and receive as a Bounty, Twenty Shillings, Proclamation Money, on his Inlisting; and the Commanding Officer of each Fort shall be allowed for subsisting each man eight pence per Day: and also, that his Excellency the Governor, have power by his Warrant on the Treasurers, to draw for the paying, inlisting and subsisting the said men; and likewise all such Sum of Money as shall be necessary for the Cloathing the said Forces, not Exceeding Forty Shillings for each man, out of the money appropriated for founding Schools, and that the same be replaced by a tax to be laid for that purpose; which said men shall be kept in Pay six months from the first day of May next, and no longer; To which desire your Honors Concurrence

JOHN ASHE Sp

Sent by Col Palmer and Col Dry

The order of the Day being read, the House Resolved into a Committee of the whole House, to Consider of an Address to his Majesty to fix on a proper place for the seat of Government, and unanimously choose Mr. Harris Chairman; who took the Chair, After some time spent therein, the Committee came to the following Resolution; which Mr. Chairman was directed to report to the House.

Then on motion, Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had taken under consideration

-------------------- page 832 --------------------
the order of the day of Yesterday, and came to the following Resolution, as follows, to wit,

Resolved, that it is the opinion of your Committee, that a Committee of the House be appointed to Join a Committee of the Council to prepare an Address to his Majesty requesting him to appoint the Town of New Bern as the most proper place to fix the seat of Government at. To which the House Agreed—Then on motion,

Ordered, That Mr. Elmsley, Mr. Corbin and Mr. Starkey be appointed a Committee to prepare an Address to his Majesty, requesting him to appoint New Bern as the most proper place for fixing the seat of Government at; and they are accordingly appointed.

Then the House Adjourned till 5 oClock in the Afternoon.

P. M. The House met according to Adjournment.

Ordered, that the following Message be sent to the Council, Vizt

Gentlemen of his Majesty's Honorable Council.

This House have taken under Consideration the necessity there is of Addressing His Majesty in order to appoint a proper place for the Seat of Government and having resolved that the Town of New Bern is the most Convenient place for that Purpose, have agreed to Join Mr. Francis Corbin, Mr. John Starkey, and Mr. Alexander Elmsley, as a Committee of this House to a Committee of your House, at such time and place as your Honours shall appoint to prepare the said Address

JOHN ASHE Sp

Sent by Mr. Leech and Mr. Graves.

Then the House Adjourned till 9 oClock Tomorrow morning,


Thursday April 29th 1762. The House met according to Adjournment.

Mr. Harnett Chairman of the Committee of Accounts reported, that the Committee had stated and settled sundry Accounts with Sundry of the Accomptants of this Province; which he laid before the House.

Ordered that the same be read. The same is read, was approved of, and allowed by the House, and sent by Mr. Harnett and Mr. Miller to the Council for Concurrence.

Mr. Francis Brown having made appear by a sufficient Voucher, that he had paid to one Martin Fifer the sum of thirteen pounds for Provisions for the men at the Fort in the Catawba Nation; which

-------------------- page 833 --------------------
sum was allowed him by a former Committee on Condition he produced a proper Voucher

It appearing to the House, that Thomas Keasey, formerly in the Service of this province against the Indians, was, (in an Engagement with the Enemy) Desperately Wounded, whereby he is rendered incapable to get his Livelihood; Therefore, the House,

Resolved, That the said Thomas Keasey be allowed Twenty five pounds for his subsistence for one year; and that the same be paid into the hands of Mr. John Frohock (for the use of the said Thomas Keasey) by the Treasurer out of the Contingent Tax, and allowed him in his Account with the Public

Ordered that the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council

This House have Resolved, That Thomas Keasey, formerly a Soldier in the Service of this Province against the Indians was (in an Engagement with the Enemy) Desperately Wounded, whereby he is rendered incapable to get his Livelihood; therefore, this House have Resolved, that the said Thomas Keasey be allowed Twenty five pounds for his subsistance for one year; and that the same be paid into the hands of Mr. John Frohock (for the use of the said Thomas Keasey) by the Treasurer out of the Contingent Tax, and allowed the said Treasurer in his accounts with the Public; to which we desire your Honor's Concurrence

JOHN ASHE Sp.

Sent by Mr. Johnston and Mr. Vail

Then the House Adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Starkey, Chairman of the Committee of Claims, reported, that the Committee had settled and allowed Sundry Claims; which he laid before the House

Ordered, that the same be read, The same is read, and concurred with by the House, and ordered to be sent to the Council for Concurrence

Sent by Mr. Johnston and Mr. Vail

Received from the Council, the Message sent them from this House regarding the raising of men to Garrison the Forts. Endorsed, April 29th, 1762, In the upper House Concurred with.

JAMES HASELL P. C.
-------------------- page 834 --------------------

As this House have not received an answer from the Council to the Message sent them regarding a Committee of this House, to join a Committee of the Council, to prepare an address to his Majesty to appoint a place for the seat of Government

Resolved that this House solely Address his Majesty for the purpose aforesaid; and that Mr. Elmsley lay before the House an Address for that purpose.

Mr. Elmsley laid before the House an Address to his Majesty, which the House ordered to be read. The same is read—and,

Resolved, that the same stand the Address of this House, and be Entered on the Journal thereof; and is as follows, Vizt

To the King's most Excellent Majesty in Council,

The Humble Address of the Assembly of North Carolina

Most Gracious Sovereign

We your Majesty's most dutiful and Loyal Subjects, the Assembly of North Carolina, beg leave to express our Sincere joy in the Remarkable Success of your Majesty's Arms in the just and Necessary War, which has been Conducted so happily for the Glory and Advantage to your Majesty, and your Subjects: Permit us most Gracious Sovereign, to assure your Majesty, of our most firm and Loyal attachment to your Majesty's Royal person, Family and Government, which we shall on all Occasions, exert our most strenuous and Ardent efforts to support and defend with our Lives and Fortunes, from a due sense of your Majesty's Paternal regard for your Subjects in General and Recollecting with the strongest sentiments of Gratitude, the many Instances of your Royal Favour and Benevolence to your Distant Colonies, we most Humbly beg your Majesty's Permission to represent, that your Majesty's Subjects in this Province, have for several years past, been subjected to the greatest Difficulties, for want of a proper place Established for the Seat of Government.

The Place appointed at Tower Hill, on Neuse River, in the year of our Lord one Thousand seven Hundred and Fifty eight for that Purpose, is found extremely difficult of access either by Land or Water, to most of the Inhabitants of this Province and no Probability appears that the same will be settled and Inhabited by a sufficient Number of Families whereby the officers of Government, Members of the General Assembly, and others concerned in Transacting

-------------------- page 835 --------------------
Public Business, may with any Tolerable degree of Conveniency be accommodated

Having it in Charge from our Constituents to use our Endeavors to obtain a Redress of this Grievance, and having lawfully and impartially examined, as well the Situation, and Extent of this your Majestys Province, as the Number of People who dwell in the Respective Counties, we most humbly pray your Majesty's leave, to recommend to your Majesty the Town of New Bern, in Craven County, as being, in our humble opinion more Central, and Convenient to the Inhabitants in General, than any other part of the Government, for holding thereat, the Courts of Chancery, keeping the Records of the Secretary's office and Transacting the Business of the Public; We therefore humbly implore your Majesty, that you will be Graciously pleased to repeal the Act, appointing the said Tower Hill for the Seat of Government, and that your Majesty will signify your Royal Approbation for fixing the same at the said Town of New Bern, whereby we may be permitted to erect a Suitable House for the Residence of your Majesty's Governor for the time being, and other Edifices as may be requisite for the safe keeping the public Records, and for other Public uses

Received from the Council the report of the Committee of Accounts sent them this day Endorsed, In the upper House, the foregoing reports were read, approved of and concurred with.

JAMES HASELL P. C.

Received from the Council the Message sent to them this day regarding an allowance of twenty five pounds to Thomas Keasey &ca Endorsed, April 29th 1762. In the upper House Concurred with

JAMES HASELL P. C.

His Excellency the Governor sent a Message, requiring the immediate attendance of the House in the Council Chamber

Mr. Speaker with the Members waited on his Excellency the Governor in the Council Chamber, His Excellency was then pleased to make a Speech to the House, and then dissolved this Assembly

Gentlemen of His Majesty's Council,

I return you my most hearty and Sincere thanks for the Zeal you have expressed, in being ready to concur in every measure to promote

-------------------- page 836 --------------------
his Majesty's service, and the future peace, safety and welfare of this Province

Mr. Speaker and Gentlemen of the Assembly

It is with the greatest concern that I shall be obliged to represent to his Majesty, the little regard you have had to his so warm and pressing demands of a proper Aid at this so remarkable Crisis, when the future peace and safety, not only of this Province and other American Colonies, but also the Religious and Civil Liberties of Great Britain and of all Europe, are in such Danger from the united Force of the Greatest papal powers in Europe, who Endeavour to Deprive his Majesty of the Laurels, and just acquisitions he has made, at so vast an Expence of Blood and Treasure, to procure a safe and Honorable peace, for the benefit of these Colonies, by drawing an insatiable perfidious Enemy from this part of the American Continent

I must therefore animadvert upon your Disrespect and Disregard to his Majesty's Letter from Lord Egremont, and to his Instructions, at this Meeting; and also to the Little attendance you have given to prepare the Laws recommended to you, to be passed to promote Trade, and the Education of Youth in this Province, and then shall leave it to your Constituents, whether you have acted for the Welfare, safety and Honor of this Province

At your first meeting, when no time was to be lost to take his Majesty's Letters into Consideration, you acted in opposition to his Majesty's just Prerogative and Instructions, by not meeting upon his Proclamation and sitting; when above Fifteen, the quorum he had appointed were in Town, by insisting, that you would not Assemble without a Majority of the whole Members appeared; by which you not only denied his Majesty's Rights, but delayed Business, and put it in the power of a few Members Combined together, to Dissolve the Assembly.

The great opposition you have made, by refusing a proper aid to his Majesty by which, as far as in your power, you have delayed and prevented our having a safe, speedy and honorable peace, is so Flagrant and impolite that those Members who have opposed it, well deserve the Censure instead of the Thanks of their Constituents for their ill judged Parsimony, by which they deserve to lose the favour of the best of Kings; and also for the little attendance they have given to prepare salutary Laws to promote the Trade and Improvement of the province

-------------------- page 837 --------------------

I must also observe to you that from the Letters wrote by your Committee of Correspondence, and the Answer from your agent, in which I must observe, that none of the Members of the Committee who were named by the Council were consulted or concerned with them; it appears that their Chief application seems to have been their Complaints against me, for the so Frequent Meetings, Prorogations, and Dissolutions of the Assembly by which I have put the Public to great Expences, in the unnecessary Payments made to the Members and officers of the Assembly; Nor, were the Members of the Committee appointed by the Council, or the other Members of the Committee to be made acquainted with the answers received; but the Letters were to be directed to the then Speaker alone, Contrary to former Precedents, when they were directed to the Committee of Correspondence, under cover to the Governor; by which means if the Letters were disagreeable to the Speaker, they were to be secreted from the Committee by his select Junto; by which he became the sole director of the Committee.

I must also observe, that my Assent to the Aid Bill upon Account of the Agents Clause being Tacked to it, and also my objections to the Superior and County Court Bills, have been approved of.

Upon Account therefore of your refusal to give a proper Aid to his Majesty suitable to what he required; and to the end that I may give no cause of future Complaints against me of putting the Public to expence, by paying for your attendance, I cant with decency or propriety pass any other Bills, when the Business you were Called upon has been neglected: I must therefore put an end to this meeting without making it a Session; which will save to the public the Expense of your attendance, so much complained of, and will prevent any future Complaints against me, for the expense to the public in calling too frequent Assemblies.

I therefore, upon account of the Disrespect you have shewn to his Majesty's Letters and Demand, and the Little Care you have taken to Defend this Province, or to procure a safe and honorable peace, cant think of meeting this Assembly again, but must appeal to your Constituents to Judge of and Censure your Behaviour.

I therefore do Dissolve this Assembly; and it is accordingly Dissolved.